Oregon Administrative Rules
Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION
Division 74 - AT-RISK DRIVER PROGRAM - MANDATORY REPORT FOR MEDICAL PROFESSIONALS
Section 735-074-0212 - Restricted Applicant Temporary Permit

Universal Citation: OR Admin Rules 735-074-0212

Current through Register Vol. 63, No. 9, September 1, 2024

(1) When a person does not have Oregon driving privileges and his or her right to apply for driving privileges is suspended under OAR division 74, DMV may issue a 60-day restricted applicant temporary permit that allows the person to take driving lessons. An applicant for a permit under this section must meet all eligibility requirements listed in section (5) of this rule. The suspension will be rescinded for the 60-day period the restricted applicant temporary permit is valid. If, at the end of the 60-day restricted permit period, the person has not successfully completed a driving test given by a DMV employee, or is not otherwise eligible for driving privileges, DMV will re-impose the suspension of the person's right to apply for driving privileges. When a suspension is re-imposed under this section, DMV is not required to provide the person with further notice or an opportunity for a contested case hearing.

(2) If a person's driving privileges are cancelled and the driver is denied further testing under OAR 735-062-0073, the person may apply for a 60-day restricted applicant temporary permit for the express purpose of taking driving lessons if DMV determines that with driving lessons the person may learn to safely operate a motor vehicle. An applicant for a permit under this section must, in addition to meeting all eligibility requirements listed in section (5) of this rule, provide sufficient information to show that there is a reasonable likelihood that driving lessons will improve the person's ability to safely operate a motor vehicle. Such information may include, but is not limited to:

(a) Medical information;

(b) Information from a rehabilitation specialist that the person may benefit from lessons to learn to use an adaptive device or technique; or

(c) An affidavit from a person(s) with information to show that with driving lessons the applicant is likely to learn to safely operate a motor vehicle.

(3) Driving lessons must be provided by a certified commercial driving instructor, rehabilitation specialist or other licensed driver approved by DMV as an instructor.

(4) A restricted applicant temporary permit only allows the person to drive with an instructor during driving lessons and at no other time.

(5) To be eligible for a restricted applicant temporary permit under section (1) and (2) of this rule, the person must:

(a) If required by DMV, receive a determination of medical eligibility from the Medical Determination Officer;

(b) Apply for driving privileges, and specifically request a restricted license or permit for the purpose of taking driving lessons prior to taking a drive test;

(c) Pass a DMV vision screening or submit a Certificate of Vision showing that the person's vision meets DMV standards; and

(d) Pass a DMV knowledge test.

(6) A restricted permit issued under section (1) of this rule will include a notification that at the end of the 60-day period the suspension will be re-imposed without further notice and without the opportunity for a contested case hearing if the person has not successfully passed a driving test given by a DMV employee or is not otherwise eligible for driving privileges.

(7) A restricted permit issued under section (2) of this rule will include a notification that at the end of the 60-day period the permit expires and the person no longer has driving privileges until he or she has successfully passed a DMV driving test and is eligible for driving privileges.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.120, 807.310, 807.340

Stats. Implemented: ORS 807.120, 807.310, 807.340

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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